Private Streets Maintenance Agreement 2004-0296940-r
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
n
DOC ! 2004 - 02969
OFFICIAL RECORDS
SAN DIEGO COUNT`{ iECORDffS OFFTCJ_
'GREGORY J. SMITH, COUNTY RECORDER
FEES: 17.00
(THIS SPACE FOR RECORDER'S USE)
APN: 321 - 011 -38
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STREETS MAINTENANCE AGREEMENT ( "Agreement') dated for reference purposes
as of the ,5 4t_ day of &01 L-- 2004, is entered info between U_Ar")e F i v /tie�
hereinafterrefened
to as "Owner ", and the City of Poway, a municipal corporation, hereinafter referred to as "City ".
WHEREAS, this Agreement is required as a condition of approval by the City of a building permit pursuant
to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction of four single -
family residences for Parcel Map No. 19100; and
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain Private Streets as shown
on Parcel Map No. 19100, hereinafter referred to as the "Private Streets'; and
WHEREAS, Owner is the owner of certain real property described as Parcels 1, 2, 3, and 4 of Parcel Map No.
19100, in the City of Poway, County of San Diego, State of California, filed in the office of the County
Recorder of San Diego County, November 13, 2002, that is being developed as four single - family residences
for Parcel Map No. 19100 that will use and enjoy the benefit of such Private Streets. Said real property is
hereinafter referred to as the "Property"; and
WHEREAS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in
a -safe and usable condition; and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the
Property, binding upon each successive owner of the Property.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
The property benefited by this Agreement is the Property. The present and successive owners of all
or any portion of the Property are expressly bound hereby for the benefit of the Property.
2. The cost of maintaining the Private Streets shall be home by the Owner or his or her heirs, assigns,
and successors in interest_ Notwithstanding, the foregoing, Owner may seek contributions or
recompense from and by all other owners, heirs, assigns and successors in interest who may be
obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this
section of private roadway.
The repairs and maintenance to be performed under this Agreement by or on behalf of the Owner shall
be limited to the following: reasonable and normal road improvement maintenance work to adequately
maintain the Private Streets and any related drainage facilities to permit normal access, ingress and
Del -0 —D
0a0D -So - 70n) 12— r)2
CITY CLERK
CITY OF POWAY
PO BOX 7
POWAY, CA 922 074
,i
NO TRANSFER TAX DUE
n
DOC ! 2004 - 02969
OFFICIAL RECORDS
SAN DIEGO COUNT`{ iECORDffS OFFTCJ_
'GREGORY J. SMITH, COUNTY RECORDER
FEES: 17.00
(THIS SPACE FOR RECORDER'S USE)
APN: 321 - 011 -38
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STREETS MAINTENANCE AGREEMENT ( "Agreement') dated for reference purposes
as of the ,5 4t_ day of &01 L-- 2004, is entered info between U_Ar")e F i v /tie�
hereinafterrefened
to as "Owner ", and the City of Poway, a municipal corporation, hereinafter referred to as "City ".
WHEREAS, this Agreement is required as a condition of approval by the City of a building permit pursuant
to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to construction of four single -
family residences for Parcel Map No. 19100; and
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain Private Streets as shown
on Parcel Map No. 19100, hereinafter referred to as the "Private Streets'; and
WHEREAS, Owner is the owner of certain real property described as Parcels 1, 2, 3, and 4 of Parcel Map No.
19100, in the City of Poway, County of San Diego, State of California, filed in the office of the County
Recorder of San Diego County, November 13, 2002, that is being developed as four single - family residences
for Parcel Map No. 19100 that will use and enjoy the benefit of such Private Streets. Said real property is
hereinafter referred to as the "Property"; and
WHEREAS, it is the mutual desire of the parties hereto that the Private Streets be maintained and repaired in
a -safe and usable condition; and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the
Property, binding upon each successive owner of the Property.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
The property benefited by this Agreement is the Property. The present and successive owners of all
or any portion of the Property are expressly bound hereby for the benefit of the Property.
2. The cost of maintaining the Private Streets shall be home by the Owner or his or her heirs, assigns,
and successors in interest_ Notwithstanding, the foregoing, Owner may seek contributions or
recompense from and by all other owners, heirs, assigns and successors in interest who may be
obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this
section of private roadway.
The repairs and maintenance to be performed under this Agreement by or on behalf of the Owner shall
be limited to the following: reasonable and normal road improvement maintenance work to adequately
maintain the Private Streets and any related drainage facilities to permit normal access, ingress and
Del -0 —D
0a0D -So - 70n) 12— r)2
egress to and from the Property. Repairs and maintenance under this Agreement shall include, but are
not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing
and maintaining drainage structures, removing debris, maintaining signs, markers, striping and
lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the
Private Streets for normal access, ingress and egress purposes.
4. The obligation of the Owner as outlined herein shall commence with the issuance of a building permit
by the City to construct a single family residence for Tentative Parcel Map No. 02 -02.
In the event the Owner retains a contractor to perform any maintenance and obligation with respect to
the Private Streets, the Owner shall require such contractor to maintain liability insurance to cover any
liability arising as a result of its activities with regard to such maintenance activities.
6. Owner shall defend and indemnify and hold harmless City, City's engineer and their consultants and
each of their officials, directors, officers, agents and employees from and against all liability, claims,
damages, losses, expenses, personal injury and other costs, including costs of defense and attorney
fees, incurred by or payable to any other use of the Private Streets, or to any other third parties arising
out of or in any way related to the use, repair or maintenance of the Private Streets. Nothing in this
Agreement, the specifications, or other contract documents or City's approval of the plans and
specifications for or inspection of the work regarding the Private Streets is intended to include a
review, inspection, or acknowledgment of a responsibility for any such matter, and City, City's
engineer, and their consultants, and each of their officials, directors, officers, employees and agents,
shall have absolutely no responsibility or liability therefor.
If in the City's sole judgment the Private Streets are not being maintained to standards set forth in
paragraph 3 of this Agreement, the City may thereupon provide written notice to the Owner to initiate
repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make
repairs or construction within ninety (90) days of receipt of such notice the Owner agrees that the City
may make all needed repairs to the Private Streets to meet the standards set forth in paragraph 3 and to
then assess the costs thereof to the Owner. The Owner shall reimburse the City for all reasonable costs
incurred by the City in connection with such maintenance activities. If the Owner does not so
reimburse the City within thirty (30) days after City's demand, then City may pursue all of its remedies
at law or in equity.
8. If the City elects to make necessary repairs in accordance with paragraph 7 above, said work shall be
without warranty. Said repair shall be accepted "as is" by the Owner and without any warranty of
workmanship.
9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land
of each and every person who shall at any time own all or any portion of the Property referred to
herein.
10. It is understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors and assigns of the Owner.
11. It is the purpose of the signatory hereto tha(,this instrument be recorded to the end and intent that the
obligations hereby created shall be and constitute a covenant running with the land and any subsequent
purchaser of all or any portion of the Property, by acceptance of delivery of a deed and/or conveyance,
regardless of form, shall be deemed to have consented to and become bound by this Agreement.
12. This Agreement shall be governed by the laws of the State of California. In the event that any of the
provisions of this Agreement are held to be unenforceable or invalid by any court of competent
jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby.
•
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13. The costs for maintenance of the Private Streets shall be shared as follows:
Parcel 1 of Parcel Map No.
Parcel 2 of Parcel Map No.
Parcel 3 of Parcel Map No.
Parcel 4 of Parcel Map No.
19100 — one quarter (1/4)
19100 — one quarter (1/4)
19100 — one quarter (1/4)
19100 — one quarter (1/4)
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter.
For
i C. Briges, President
888, Inc. �
For CITY OF POWAY:
City Engineer
CourtAm
Date:
Date: — r—�
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County
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On //,:�lL ,S ZOo(/ before me, / / /'�/GG /S- l! /dir> >�:'T�d✓ �( /�
Data n Name and Title of Oflhr (a.g.'Jere one Notary Public)
personally appeared
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Name15) of Signerye)
[] personally known to me
proved to me on the basis of satisfactory
evidence
to be the person whose name(,�4 is /ar+
subscribed to the within instrument and
acknowledged to me that he /she /t*-executed
the same in his /hbf th@tr / authorized
capacity(Tesj, and that by his /Her /thfal
signature(S�on the instrument the person(( or
the entity upon behalf of which the person('sj,
acted, executed the instrument.
WITNESS mfr hand d
anl seal
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: 7le /✓A1K��/IU��.�N/
Document Date: 1IP?1 L 2� /� y (' Number of Pages:
Signer(s) Other Than Named Above: V 6A_
Capacity(ies) Claimed by �Signer
Signer's Name: �c /%/ �— • li��/ Z �=
Individual 700 ,1 Iwmb Here
N Corporate Officer — Title(s):
[� Partner — ❑Limited [] General
[] Attorney -in -Fact
❑ Trustee
[] Guardian or Conservator
[] Other: p /j
Signer Is Representing:
0 1999 National Notary Aamciation • 9350 De Soto Ave., PO. Box 2002 • Chatsmah CA 913132402 • w rrationalnotagorg Prod No 5907 Reorder: Call Toll Free I- 80&876 M27
PHVWS SHINN
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Name15) of Signerye)
[] personally known to me
proved to me on the basis of satisfactory
evidence
to be the person whose name(,�4 is /ar+
subscribed to the within instrument and
acknowledged to me that he /she /t*-executed
the same in his /hbf th@tr / authorized
capacity(Tesj, and that by his /Her /thfal
signature(S�on the instrument the person(( or
the entity upon behalf of which the person('sj,
acted, executed the instrument.
WITNESS mfr hand d
anl seal
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: 7le /✓A1K��/IU��.�N/
Document Date: 1IP?1 L 2� /� y (' Number of Pages:
Signer(s) Other Than Named Above: V 6A_
Capacity(ies) Claimed by �Signer
Signer's Name: �c /%/ �— • li��/ Z �=
Individual 700 ,1 Iwmb Here
N Corporate Officer — Title(s):
[� Partner — ❑Limited [] General
[] Attorney -in -Fact
❑ Trustee
[] Guardian or Conservator
[] Other: p /j
Signer Is Representing:
0 1999 National Notary Aamciation • 9350 De Soto Ave., PO. Box 2002 • Chatsmah CA 913132402 • w rrationalnotagorg Prod No 5907 Reorder: Call Toll Free I- 80&876 M27
MICKEY CAFAGNA, Mayor
BOB EMERY, Deputy Mayor
JAY GOLDBY, Councilmember
DON HIGGINSON, Councilmember
BETTY REXFORD, Councilmember
CITY OF POWA(
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTIES INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86 -1
AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES A AND C
WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal signature
authority representing 100 percent ownership] of the property shown in Exhibit A, attached hereto,
and generally described as County Assessor Parcel No. 321 - 011- 38 -00, legally described within
Exhibit B of this document, and anylall subsequent parcels created by the subdivision or merger of
said parcels; and
WHEREAS, the aforementioned property was developed by subdivision, and will receive
special benefit from City [District]- maintained street lighting and landscaping; and
WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway
Landscape Maintenance District 86 -1 and the City of Poway City Lighting District, Zones A and C,
pursuant to the California Streets and Highways Code Section 22608.1; and
WHEREAS, the undersigned owner(s) consent to assessments levied under the assessment
formulas as written within the yearly LIVID 86 -1 Engineer's Report, and hereby acknowledges receipt
of the landscaping and lighting benefits to said property.
PURSUANT to Section 22608.2 of the Streets and Highways Code of the State of California,
these properties will be included within the required Engineer's Report. The signing of this consent to
annexation precludes any and all notice and hearing requirements for the first year's Report.
EXECUTED ON 41 12002,
at t a California.
7PWerty Owner (printed name) Property Owner (printed
Owner (s
(if dpplicable)
Approved as to form:
CITY R Y
(if applicable)
City of Poway
ITY MANAGER
ignature)
EXHIBIT A
TPM 02 -02
Huntington Court
County Assessor Parcel No. 321 - 011 -38 -00
and legally described as contained herein
on Exhibit B
NO SCALE
BOUNDARY OF LMD 86 -1
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ORDER NO, 1223499 -22
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL L
ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTH OF A LINE
DRAWN PARALLEL WITH AND 144334 FEET SOUTHERLY FROM THE NORTH LINE OF SAID
SECTION 6.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING SOUTHERLY OF A LINE
DRAWN PARALLEL WITH AND 1972.32 FEET NORTHERLY AT RIGHT ANGLES FROM THE
SOUTH LINE OF T14F NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 6.
ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY
LINE OF ROAD SURVEY NO. 1673 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED MARCH 18, 1966 AS FILE NO. 46579 OF OFFICIAL RECORDS.
AND ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1, 2, 3
AND 4 AS SHOWN AT PAGE 10915 OF PARCEL MAPS, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1981.
PARCEL 2:
ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE l WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTH OF A LINE
DRAWN PARALLEL WITH AND 1443.34 FEET SOUTHERLY FROM THE NORTH LINE OF SAID
SECTION 6.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF
ROAD SURVEY NO. 1673 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED MARCH 18, 1966 AS FILE NO. 46579 OF OFFICIAL RECORDS.
PARCELS:
A PORTION OF PARCEL 3 OF PARCEL MAP 10915 IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JANUARY 22, 1981 AS FILE NO. 81- 021703 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 10915;
THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY THEREOF NORTH 0 039'23"
EXHIBIT B
�l
Y
ORDER NO. 1223499 -22
Ile
WEST 140.00 FEET TO THE TRUE POINT OF BEGNNING; THENCE, SOUTHERLY ALONG
SAID WESTERLY BOUNDARY SOUTH 0 °39'23" EAST 28.47 FEET; THENCE, LEAVING SAID
WESTERLY BOUNDARY NORTH 81 006'24" EAST, 161.58 FEET TO AN ANGLE POINT N THE
NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP NO. 10915; THENCE, WESTERLY
ALONG SAID NORTHWESTERLY BOUNDARY OF SAID PARCEL 3 NORTH 88 °44'45" WEST
160.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL4:
AN EASEMENT FOR CONSTRUCTION, MAINTENANCE AND RIGHT OF WAY FOR ROAD
AND UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND
ACROSS A CONTINUOUS STRIP OF LAND 40.00 FEET N WIDTH LYING WITHIN THAT
PORTION OF THE EAST HALF. OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDNO
MERIDIAN, N THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO OFFICIAL PLAT THEREOF, THE CENTER LINE OF SAID 40.00 FOOT STRIP
BEING A PORTION OF THE WEST LINE AND ITS NORTHERLY PROLONGATION OF THAT
LAW DESCRIBED N PARCEL 1 OF DEED TO JOHN A. SCHUELER, ET UX, RECORDED
OCTOBER 9, 1979 AS FILE NO. 79- 420807 OF OFFICIAL RECORDS, SAID CENTER LINE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID SCHUELER'S LAND;
THENCE ALONG THE WESTERLY LINE THEREOF NORTH 0 039'23" WEST, 140.00 FEET;
THENCE SOUTH 88 044'45" EAST, 160.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID CENTER LINE NORTH 0 °39'23" WEST, 540.00 FEET, MORE OR LESS, TO THE
SOUTHERLY LINE OF DEL PONIENTE ROAD.
EXCEPTNG THEREFROM THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 ABOVE
DESCRIBED.